ADMJ-003 - Concepts of Criminal Law

Study Guide - Week 2

Review the following videos:

https://www.youtube.com/watch?v=O51ep1uvP4k

https://www.youtube.com/watch?v=eaDpjc0gRA8&t=1s

Part 1:

Respond:

Please give an example for each of the following punishments and how it serves the purpose. It can be a specific law or a group of laws :

***Example- General deterrence: Laws against impaired driving. It serves to prevent people from operating motor vehicles under the influence of substances through fears of high fines, incarceration and or community service.

The purposes for punishing criminals are as follows. Please provide an example and justification:

Specific deterrence: Those who are convicted and punished are specifically deterred from future misconduct.

General deterrence: All members of society are deterred from misconduct when individuals are punished for wrongdoing. Incapacitation: Criminal conduct is prevented (against society as a whole) by making it impossible for those convicted to commit future crimes. This is most often accomplished by incarceration, although death is another form of incapacitation. Retribution: Based on the premise "an eye for an eye," retribution is society's method of avenging a wrong where the criminal is punished through the criminal justice system.

Rehabilitation: Those individuals convicted are subjected to education, training, and therapy with the purpose of altering their behavior to conform to societal norms.

Part 2:

Review the following video:

https://www.youtube.com/watch?v=JWHUdwubutc

Respond:

Each state has its own judicial system, a system that is free to interpret matters of state law differently. The Constitution of the United States is the highest form of the law in the land. As such, it should appear at the apex. A division should then be drawn between those powers belonging to the states and those falling under federal jurisdiction. However, there is much argument between the federal government jurisdiction and state laws. For example, marijuana use and sales are legal in many states but it remains illegal in the federal criminal code. In fact, the federal government (DEA/ IRS) can freeze and seize assets that have been obtained by local state marijuana businesses in most cases.

Currently, there is a volatile situation at the Texas border that has created tension between the Federal Law Enforcement , Texas National Guard and Texas Law Enforcement.

The Texas Governor and Border Patrol are arguing over jurisdiction to deal with migrants crossing/ being processed at the border.

After reviewing the following video,1) who do you think has jurisdiction over the border and 2) do you think that one side or both sides are committing crimes by their actions. There is no right or wrong answer to this. The purpose of the this exercise to is for you to understand the complexity with dual court systems and federalism.